RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-04234
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions, hearing loss, hypertension, and
tinnitus, be assessed as combat related in order to qualify for
compensation under the Combat Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
While a Prisoner-of-War (POW) he was beat across the head with the butt of
rifles numerous times. He would shake with fear each time he saw a German
guard coming towards him afterwards. During those beatings he was beat in
the ears and left alone to bleed. He attributes his hypertension as
secondary to his Post-Traumatic Stress Syndrome (PTSD).
In support of his request applicant provided a personal statement and
documentation associated with his CRSC denial. His complete submission,
with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant served in the Army from 11 Dec 43 through 18 Nov 45 and again
from 12 Jan 48 through 5 Jan 52. He was a POW in Germany during World War
II from 20 Dec 44 through 2 Apr 45. He enlisted in the Regular Air Force
on 12 Apr 55 and served as a Supply Technician. On 30 Nov 75, he
voluntarily retired for years of service. He served 26 years, 6 months,
and 16 days on active duty
His CRSC application was approved for PTSD at 30% and disapproved for his
remaining service-connected conditions.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states medical examinations failed to
show any traumatic experiences that would have resulted in major hearing
loss, tinnitus or hypertension. His retirement examination does refer to a
non-progressive high frequency hearing loss, but the report does not
mention any combat-related occurrence leading to this condition. There is
no evidence his conditions were direct result of a combat-related incident.
The fact that he may have served during a period of war of in a combat
zone is not sufficient to support a combat-related determination.
The DPPD evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 26 Mar
04 for review and comment within 30 days. As of this date, this office has
received no response.
_________________________________________________________________
ADDITIONAL AIR FORCE EVALUATION:
The BCMR Medical Consultant recommends denial. The Medical Consultant
states there is no evidence in the record that his service-connected
disabilities were incurred as a direct result of armed conflict, while
engaged in hazardous service, under conditions simulating war, or as a
result of an instrumentality of war.
The Medical Consultant Evaluation is at Exhibit E.
_________________________________________________________________
APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:
A copy of the additional Air Force evaluation was forwarded to the
applicant on 19 Oct 04 for review and comment within 30 days. As of this
date, this office has received no response.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law or
regulations.
2. The application was timely filed.
3. Insufficient relevant evidence has been presented to demonstrate the
existence of error or injustice. After a thorough review of the available
evidence of record, it is our opinion that the service-connected medical
conditions the applicant believes are combat-related were not incurred as
the direct result of armed conflict, while engaged in hazardous service, in
the performance of duty under conditions simulating war, or through an
instrumentality of war, and therefore, do not qualify for compensation
under the CRSC Act. We agree with the opinions and recommendations of the
Air Force offices of primary responsibility and adopt their rationale as
the basis for our conclusion that the applicant has not been the victim of
an error or injustice. In the absence of evidence to the contrary, we find
no compelling basis to recommend granting the relief sought in this
application.
4. The applicant's case is adequately documented and it has not been shown
that a personal appearance with or without counsel will materially add to
our understanding of the issues involved. Therefore, the request for a
hearing is not favorably considered.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of material error or injustice; that the application was
denied without a personal appearance; and that the application will only be
reconsidered upon the submission of newly discovered relevant evidence not
considered with this application.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-2003-
04234 in Executive Session on 14 Dec 04, under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Michael V. Barbino, Member
Ms. Martha A. Maust, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 Dec 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 17 Mar 04.
Exhibit D. Letter, SAF/MRBR, dated 26 Mar 04.
Exhibit E. Letter, BCMR Medical Consultant, dated 12 Oct 04.
Exhibit F. Letter, SAF/MRBC, dated 19 Oct 04.
THOMAS S. MARKIEWICZ
Chair
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